Siya Bihari Shran v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.13538 of 2023 ====================================================== Siya Bihari Shran S/o Late Beni Prasad Verma, R/o Mohalla - Khaprali Gali, Sandalpur P.S. - Bhadurpur, District - Patna. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Rural Development Department Govt. of Bihar, Patna.

2.

The Deputy, Development Commissioner, Jamui, Distt. - Jamui. 3.

The District Magistrate, Jamui.

4.

The District Provident Officer, Munger.

5.

The Managing Director, Bihar Panchayati Raj Vitta Nigam, Patna. 6.

The Accountant General, Bihar, Patna.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajesh Kumar Sinha, Advocate For the State :

Mr. Sanjay Kumar, AC to AAG 4 For the AG, Bihar :

Mr. Raj Nandan Prasad, Advocate Mr. Vishesh Kr. Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL JUDGMENT Date : 04-10-2023 Heard Mr. Rajesh Kumar Sinha, learned counsel appearing on behalf of the petitioner; Mr. Sanjay Kumar, learned AC to AAG 4 for the State and Mr. Raj Nandan Prasad, learned counsel for the Accountant General, Bihar.

2. Leaned counsel appearing on behalf of the petitioner submits that petitioner has already filed representations before authorities concerned, who have not taken any steps to consider the relief with respect to payment of retiral benefits under different heads, which led to filing of the

Patna High Court CWJC No.13538 of 2023 dt.04-10-2023 2/3 present writ petition for the similar relief which could have been considered by respondent no.2, the Deputy Development Commissioner, Jamui, Distt- Jamui. It is further submitted by learned counsel that petitioner has given instruction that his claim is covered by an order dated 05.02.2016 passed by this Court in CWJC No.9107 of 2014 (Sri Ashok Kumar Singh Versus The State of Bihar and Ors).

3. Considering the aforesaid submissions made on behalf of petitioner, the Deputy Development Commissioner, Jamui is directed to call for the service particulars of the petitioner and thereafter verify, as to whether, the case of the petitioner is covered by the decision rendered in Sri Ashok Kumar Singh (Supra). In case, the case of the petitioner is similar to Sri Ashok Kumar Singh (Supra), then the retiral dues, as claimed for in the present writ petition, are required to be paid to the petitioner within a period of four weeks from the date of communication of this order.

4. In case, the authority finds that the case of the petitioner is not identical to that of Sri Ashok Kumar Singh (Supra), then an opportunity of hearing is required to be given to the petitioner and thereafter he is required to pass a reasoned order in accordance with law within the aforesaid period.

Patna High Court CWJC No.13538 of 2023 dt.04-10-2023 3/3

5. With aforesaid observation and direction, the writ petition stands disposed of.

(Purnendu Singh, J) Sanjay/- AFR/NAFR NAFR CAV DATE NA Uploading Date 05.10.2023 Transmission Date NA